Attention Private Flyers: The Advance Information on Private Aircraft Arriving and Departing the United States Final Rule requires that pilots of private aircraft (or their designees) transmit notices of arrival and/or departure and traveler manifest information to CBP electronically a minimum of 60 minutes prior to departure through eAPIS or another CBP-approved electronic data interchange system.

The new regulations are in effect with a voluntary compliance period ending on May 18, 2009. On this date, electronic transmissions become mandatory.

Hi Jack
I want to tell you about a recent incident with the U.S. Customs and Border Patrol (CBP) on my latest trip to Loreto, however, I will first say that as a BBP member I have been flying to Mexico for a few years and never had have any problem or incidents either going, while in Mexico or returning. When the "voluntary" APIS was instituted I began using it voluntary for my 4-5 past trips to Loreto, so I would say that I was well versed in the procedures.

My last trip was on May 22, 2009, with 3 passengers and myself. I filed for my APIS departure approval and immediately received it. My departure airport was Long Beach, Ca (KLGB) which is my home and where I hanger my 210. The flight was direct to Loreto (MMLT).

We got to my hanger about 9:30 AM (local time) preflighted and loaded the aircraft with our bags, pulled the plane out of the hanger, called for fuel and boarded the aircraft after fueling was complete, which was about 10:15 AM. I was going through my pre-start checklist when out of nowhere 7 U.S. Customs and Border Patrol (CBP) Cars and Two local Airport Police cars (one County Sheriff and one Long Beach City Officer) came with lights blazing speeding up to in front of my plane, the CBP and Police all jumped out of the cars with weapons drawn and pointing at us (two CBP officers had M-16's the others all had pistols) screaming for us to put our hands on our heads, then ordered us one at a time to get out of the aircraft. My passengers were horrified and frightened to moved, especially to take their hands off their head and unbuckle their seat beats fearing there might be some trigger happy-loose finger behind one of the guns pointing at us. When we got out of the plane they keep screaming for us to keep our hands on our heads, and then directed us to move in separate directions. Having us separated they commenced with body searching and interrogating us. Questions like "have you ever been arrested", one passenger said once, 20 years ago when I came to California I got a DUI the day I arrived", the response by the CBP Officer to him was "you are lying", the passenger said if "I am lying you tell me when and where I was arrested, because that is the only time". They continued more insulting questioning and later asked other questions such as any drug or weapons in the plane, of course we said no and there were none.

More questions, on how we knew each other and how long, where we were going and the purpose of the trip, etc.... Then they made us unload the plane and opened everything, to include our wallets in our pockets. These officers were very-very nasty and hostile, treating us like criminals. I could not believe I was in the USA!! (I have traveled in many Countries and have never EVER been treated like this anywhere!!)

This all went on for about an hour, and then we were told we could put our things back into the plane and we were free to leave. At that time I asked the Senior CBP Officer Arrellano (who appeared to be the one in charge), "what prompted this action", the answer was "It is just a random check". I then asked "do I have this to look forward nowunder the new APIS system every time I go to fly out of Country", his answer was I don't know this is a random check, your tail Number came up and here we are. The 7 CBP Officers had to drive down from LAX to KLGB to do this "random search", matter-offact, one of the officers later commented that they had to "really hurry leaving LAX because they almost missed us".
Jack, I was going to let this go, however, I have talked to several Sworn Officers/Law enforcement people from Federal level to local level, all of which have told me, in their opinion if the facts are as mentioned above (which they are), they felt that these officers were totally out of line in drawing weapons and putting us in jeopardy, especially for a "random check". Most told me in order to draw weapons they must have "probable Cause" that they or someone was in danger. Id there was such "probable cause", I would like to know what the **** it was? I have no problem with the random check, other than being a pain in the ***. The problem I have is that they drew weapons putting our lives at risk unnecessarily, along with the fact they could not deal with us like human beings and Citizens of this Country!

I only hope no one else has to go through this BS!!!

We did depart, although a little frazzled, a little over an hour later. At this point, thinking back on this I am getting madder and madder over this and would like to file a complaint. Could you direct me to the person I can file a complaint with?

Regards,
David Perry
BBP Member

FYI:
1. All of my passengers were US Citizens, all of which have flown with me on previous flights from time to time to Mexico.
2. I have never, ever had any problem or incident either with Immigration, Customs or Border Patrol or any problem in Mexico.

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